Section 3. (a) A waiver of the right to an interpreter by a non-English speaker shall be effective only when approved by a judge after said non-English speaker has consulted with counsel and had explained to him, through an interpreter, in open court by the judge the nature and effect of such waiver. The judge may approve a waiver only upon finding that it is knowingly and voluntarily made. If such waiver is approved, the judge shall ensure that a recitation of the procedure followed pursuant to this subsection is made part of the record.

(b) The failure of a non-English speaker to request an interpreter shall not be deemed a waiver of such right, and a non-English speaker may retract any waiver of his right to an interpreter at any stage of the proceeding and indicate his desire to be assisted by an interpreter.